The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1887-07-29
The P. C. A. CONTEMPT CASE.
Opinion of the COurt-RespOndent TO
Pay Costs.

delivered the following opinion in the
case OF W. o. Smith vs.. L. Aholo, in re
r. J. Creighton, contempt OF Court.
! Before doing so he stated that Mr.. JUS
tice AIcCully took no part in the con-
ference, and did not join in the opinion,
which was subscribed to by the Chief
| Justice and Associate Justices Preston
and Bickerton, Mr. Justice Fernandez
| being absent.
Ashford & Ashford for the rule; F.
NJ. Hatch for respondent.
OPINION.
At the instance OF L. Aholo, Minister
/ of Interior, respondent in q suit then
| pending in the Supreme Court, wherein
| w. O. Smith and others were plaintiffs,
| the Court issued rule citing r. J.
! Creighton, as editor OF the P. c. ADvER-
User, to appear and show cause why he
should not be adjudged guilty OF con-
tempt OF Court, in having printed and
published in said newspaper. in its issue
Of 18th April, 1897, the following abstract
of the bill in equity, under the heading,
injunction Prayed for Against Minister
Aholo - \ Land Transaction Venti-
lated":
In the Supreme Court yesterday a petit
ton was filed for an injunction by w. O.
Smith, L. y. Thurston, w, A. Kinney and
NJ de Gouveia against L. Aholo, Minister
Of the Interior
The petition states that on the I'd day OF
August. 1886 one w. VI. Gibson, then act
ing as Minister of the Interior of the Ha-
waiian Kingdom, illegally, secretly and
fraudulently, and without advertisement,
as required by law, executed an illegal and
fraudulent instrument, purporting to be a
lease TO His Majesty Kalakaua, certain
lands belonging to the Hawaiian Govern
ment, situate in the district of Kona, Ha-
wall, viz, of the lands of Kekio ,, Manini
Owa, Mahaiula, Kaulana, Awalua, Pun
kala, Makaula, Kalaoa /, ?, 3. 4 and 5, Ke-
alakehe and Kahanaiki, containing an
area of about thirteen thousand acres.
That the rent received in said lease is only
800 per annum, which is wholly made
quate and insufficient rent for said lands.
That the term of said lease is twenty years.
That the said lands are, and at the time OF
making said lease were worth not less than
So 900. That said lease is on file in the In
terror Office That your petitioners are in
formed and believe, and upon such infor-
nation and belief aver that His Majesty
Kalakaua has offered or caused TO be
offered to l.. AhOlO, now Minister of In
terror for the Hawaiian Kingdom, the sum
of $500 for the purchase of all said lands as
a whole. That said l.. AhOlo has in pur-
suanCe of said offer, caused the lands in
Guided and enumerated in said lease to be
advertised in the Government Gazette"
for sale and intends to sell the same upon
the 25th day of April, 1887, at an upset
price of $500 for the said lands as q whole.
That said L. Aholo well knows that said
lease was executed secretly, illegally and
fraudulently, as aforesaid. That said lands
are separate and distinct, one from an
other That portions OF said lands are
suitable for settlement under the "HOme-
stead Act" That by reason of said cOndi-
ton imposed by the said l.. AhOlO upon
said proposed sale, making the same sub
ject to said illegal and fraudulent lease. His
Majesty Kalakaua and those acting for
him and in his interests, will be improperly
and wrongfully placed i'll a position much
more favorable for the purpose of pur-
chasing said lands than other intending
purchasers, and intending bidders and
purchasers will, by reason thereof, be and
are prevented from holding for or buying
said lands, and that the same will therefore
be sold for much less than their real value,
thereby causing great and irreparable in
jury and loss to the public and to your pc
titioners as citizens and taxpayers.
Wherefore your petitioners pray that the
said l.. AholO may be summoned to APP
pear and answer this bill of complaint,
and that an injunction may forthwith
issue from this Court enjOining and re-
straining the said l.. AhOlo from selling or
dIsposing of said lands or either of them,
subject to said lease, and in the manner
set forth in said advertisement as afore-
said, until the further order of this Court,
and that after full hearing such injunc-
ton may be made perpetual.
Mr.. Justice Preston has appointed
Thursday, April DIST, at 10 o'clock a. m,
as the time for the petition to be heard and
for the defendant to show cause why the
injunction therein prayed should not issue.
We had occasion at the January term,
1887, in the case of the "Hawaiian Ga
zette," to say that such publications as
appear to have prejudicial effect upon
the rights of parties in cases pending in
the Courts were punishable as construct
i've contempt of Court.
Bishop on Criminal Law, sec. PIG,
says: According to the general doc
trine, any publication, whether by
parties or strangers, which concerns a
case pending in Court, and has ten
dency to prejudice the public concerning
its merits, and TO corrupt the admins
tration OF justice, or which reflects upon
the tribunal or its proceedings, or on the
parties, the jurors, the witnesses or the
counsel, may be visited as a contempt"
The publication comes within the
principles laid down in the Gazette"
case and is fully sustained by authority.
Stuart VS.. the People, 3 Scam, 395.
The People VS.. Wilson, "a H., 1876.
Tenny's case, % \. H., l62.
r. Cheltenham & Swansea r. r. Car
riage and Wagon Co, /. X. s Eq. $50.
This last case is on all tours with the
one at bar. The publication in extenso /
of bill in equity containing grave
charges of fraudulent conduct on the /
part of the Directors of the RESPONDENT I